Trial in Nigerian suit against Chevron delayed

U.S. refusing visas for plaintiffs, fearing they won't return home

Nigerian villagers suing Chevron Corp. in San Francisco over a deadly military attack on demonstrators 10 years ago have won a one-month postponement of their trial because the State Department is refusing to allow most of the plaintiffs to enter the United States.

U.S. District Judge Susan Illston rejected requests by the villagers' lawyers Tuesday to press U.S. consulates in Nigeria and South Africa to approve visas for about 15 plaintiffs, witnesses and interpreters. But she approved a backup plan to let them testify by video teleconference from Africa if they are prevented from traveling, and she delayed the trial date from Sept. 29 to Oct. 27.

The villagers claim Chevron was responsible for a May 1998 incident in which military police opened fire on protesters at a Chevron Nigeria offshore oil rig, killing four people and wounding two. Others were arrested and beaten, the suit says.

More than 100 people had occupied the rig for three days, saying the company was polluting their land and water and denying employment to their people. The lawsuit says Chevron summoned government forces to the scene, supplied their helicopters and supervised their actions, despite knowing the violent reputation of the military police.

Chevron, based in San Ramon, has described the protesters as "violent ... aggressors seeking to extort cash payments from the company." Chevron said it acted responsibly in asking Nigerian government help to resolve a "dangerous, three-day hostage situation."

In papers filed last week, plaintiffs' lawyers said U.S. consulates, which had allowed one plaintiff to visit the United States in May, abruptly denied visas last month to all but two of the villagers who sought to travel to San Francisco, despite letters from the judge confirming their participation in the trial.

Consulates gave varying explanations, but the main reason was an alleged lack of proof that the witnesses would return to Africa, plaintiffs' lawyer Dan Stormer said Tuesday. That concern is unfounded, he said, because "these are people with families, with homes. They have every reason to return."

The State Department did not respond to a request for comment.

Stormer said the plaintiffs would prefer to appear before the jury in person but are willing to testify by video if necessary. Their court filing asked Illston to send another letter to the consulates and to order assistance from Chevron, whose African witnesses have obtained visas to attend the trial. The judge refused.

Chevron, in its court filing, said the plaintiffs' travel problems are due solely to their inability to convince consular officials that they would return home when their visas expired.